By: Murr, Cook, et al. H.B. No. 178
A BILL TO BE ENTITLED
AN ACT
relating to testing possible controlled substance evidence for a
controlled substance included in Penalty Group 1-B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.51 to read as follows:
Art. 38.51. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES. If
evidence that may be a controlled substance is submitted to a
laboratory for testing and it is reasonably possible that the
substance is or contains a controlled substance included in Penalty
Group 1-B under Section 481.1022, Health and Safety Code, a test
must be performed following validated laboratory procedures and
sampling protocols to determine whether the substance is or
contains a controlled substance included in Penalty Group 1-B.
SECTION 2. The change in law made by this Act applies only
to evidence submitted for testing on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.